Reserved
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12711 of 2021 Applicant :- Tanmay Mitra Opposite Party :- State of U.P.
Counsel for Applicant :- Sadaful Islam Jafri,Khalid Mahmood,Nazrul Islam Jafri(Senior Adv.) Counsel for Opposite Party :- G.A.,Anoop Kumar
Hon'ble Rajiv Joshi,J.
Heard Sri V.P. Srivastava and Sri Nazrul Islam Jafri, learned Senior Advocates assisted by Sri Mohammad Zubair, learned counsel for the applicant, learned AGA for the State, Sri Anoop Kumar, learned counsel for the informant and perused the record.
This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 1392 of 2016, under Sections 406, 117, 419, 420, 467, 468, 471, 120-B IPC, Police Station Kotwali, District Basti, during pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. As per the first information report which was lodged on 14.01.2016 on the basis of an order passed under Section 156 (3) Cr.P.C. alleging therein that the informant and other persons were duped by the applicant and other co-accused as they are the directors of Progress Cultivation Ltd., a company registered under the Companies Act. It is next contended by learned counsel for the applicant that the applicant has been appointed as an Account In-charge in the aforesaid company in the year 2011 on probation. He was neither the director nor shareholder in the said company. It is next contended that services of the applicant on the post of Account In-charge was confirmed on 10.06.2011.
It is next contended by learned counsel for the applicant that the applicant was only serving in the aforesaid company on salary basis and its directors/shareholders are responsible for the alleged misappropriation of the money as alleged in the first information report. It is next contended by learned counsel for the applicant that charge sheet against the applicant and other co-accused persons has already been filed on 02.02.2021, the investigation has also been completed and the accused-applicant is not required for any investigation. The offence is triable by Magistrate. It is lastly contended by learned counsel for the applicant that the applicant has no criminal history as stated in paragraph 26 of the affidavit filed in support of the bail application. The applicant is in jail since 03.01.2021, and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the present case being concluded in near future due to heavy dockets.
Sri Anoop Kumar, learned counsel for the informant as well as learned AGA appearing for the State vehemently opposed the prayer for bail but could not dispute the aforesaid facts and legal submissions as argued by the learned counsel for the applicant.
Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicant- Tanmay Mitra involved in the aforesaid crime be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.09.2021 Noman